Role of the jury

A jury consists of 12 members of the public and sits to one side of the judge in the courtroom. The jury decides its verdict based on the evidence produced in a court case.

If you have been called for jury service, you can find out more about it on our page.

In a criminal case, you are entitled to be tried by jury unless the offence you are charged with is:

• A minor offence (in which case it will be heard in the District Court by a judge), or
• An offence that must be tried in the Special Criminal Court.

Is there a jury in a civil case?

There may be a jury in some civil cases such as certain defamation and assault cases. However, for the majority of civil cases such as personal injuries claims and family law cases, there is no jury - it is the judge who decides the outcome.

Find more about the roles of people who work in the courtroom.

The jury must decide, based on the facts of the case, if a person is guilty or not guilty of the offence they have been charged with or if the civil claim has been made out.

The jury must reach its verdict or decision by considering only:

• The evidence introduced in court, and
• The directions of the judge.

The jury does not interpret the law. It follows the judge’s directions about legal matters.

Who is the foreperson of the jury?

Before the case starts, the 12 members of the jury elect one member called the foreperson of the jury. They acts as an informal chairperson and spokesperson for the jury.

Can a juror take notes during the case?

During all stages of a trial, as a juror you can take notes of what is said and done in court. Jurors may also pass notes to the foreperson of the jury to ask the judge to explain certain aspects of the case. For example, they may pass a note to ask the judge to clarify the law, the legal process or the facts of the case.

Tasks of a juror

If you are a juror, you must:

• Decide the facts of the case only.
• Take directions about the law from the trial judge, regardless of whether you agree with the judge or not.
• Stay impartial and independent.
• Stay uninfluenced by any person. It is an offence if someone who is not a member of the jury tries to influence you in any way. If anyone speaks to you about the case, you should tell the court or a member of the Gardaí.
• Keep statements made in the jury room confidential. You should not discuss the case with any person other than members of the jury. It is contempt of court punishable by a fine and/or imprisonment if you repeat any statements made in the jury room.

Find out what to do if you are called for jury service.

The members of the jury in a case are selected from a number of people who have been called to do their jury service on that day.

You can find more about who can serve on a jury.

How many members are on a jury?

A jury can have up to 15 members, if the case is expected to last more than 2 months. This is allowed under Section 23 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013  amended the Juries Act 1976.

If a jury has more than 12 members, only 12 are selected to consider the verdict.

The decision made by the jury is called a verdict. At the end of the trial, the judge sometimes gives the jurors an issue paper. This lists the issues that the jury must consider in reaching its decision or verdict.

A Court Garda or other official keeps the jury together until the verdict is reached. They take the jury into the jury room. They jury cannot communicate with anyone outside the room during their deliberations except to send notes to the Court Registrar.

If you are a juror, you can keep your notes and a copy of the:

• Summary of the charges against the person on trial (inditement)
• Documents of evidence the judge orders to give to the jury (the exhibits)

Can a jury ask for further explanation?

Jurors can send notes asking for the law to be further explained or for the judge to remind them of the details of the evidence. The jury will be brought back into the court for the judge to help the jury if they can. However, no new evidence can be provided at this stage.

Arriving at a decision

After considering the evidence and the issues, the jury may reach 3 possible decisions in a criminal case:

• Guilty
• Not guilty
• Unable to reach a verdict

If the jury cannot reach a verdict in a criminal trial, the Director of Public Prosecution (DPP) must decide if a new trial should take place.

How does a jury decide in a civil case?

In a civil case, the jury usually gives its verdict as a response to the questions in the issue paper that the Judge gave them. The Jury’s job is to decide whether the Plaintiff has proved its case against the Defendant. Again, it may be unable to reach a verdict.

Do all jury members have to agree?

The jury does not necessarily have to have all jury members agree (unanimous decision) in its verdict.

In a criminal case, a verdict does not have to be agreed by all jurors if there are 11 or more jurors and 10 of them agree on a verdict. They must have considered the case for a reasonable time (not less than two hours).

In a civil case with a jury (such as a defamation case, assault and false imprisonment), a verdict may be reached by a majority of 9 of the 12 members.

Delivering the jury’s decision

When the jury has reached its decision, it will return to the court and the foreperson of the jury will read out the verdict.

The jury has no role in sentencing in criminal matters. This decision is left up to the judge following submissions made by both sides.

This is known as the standard of proof and depends on whether it is a criminal case or a civil case. The judge will instruct the jury about the standard of proof it must apply.

Standard of proof in a criminal case

When reaching its verdict in a criminal trial, the jury must be satisfied that the person is guilty beyond reasonable doubt.

Standard of proof in a civil case

In a civil case, the jury must be satisfied of its findings on the balance of probabilities. This means they must decide if it is more likely than not that the facts that are alleged against the defendant are true.

For more information on acting as a juror or how a person is selected read our page on jury service.

Find more about the functions and roles of people in the courtroom.

Find out about what happens at criminal trials.